May 11, 2016

Pre-trial for Mark Wheetley's DUI case continued until June 16; case in early resolution court

The defense continued a pre-trial for Mark Wheetley's DUI case today. The new date is June 16. The case is being prosecuted by Deputy District Attorney Whitney Barnes. Mr. David Nims is representing Mark Wheetley.

The case is in the early resolution court, Courtroom 3.

Feb 18, 2016

Mark Wheetley arraigned this morning for DUI in early resolution court

Mark Wheetley was arraigned this morning, in Courtroom 3 which is early resolution court. The alleged DUI occurred "on or about January 7, 2016." Count 1 is Driving under the influence of alcoholic beverage. Count 2 is Driving while having 0.08 % or higher bloood alcohol.

Mr. David Nims, from the law firm of Janssen and Malloy, appeared in court on behalf of Mr. Wheetley. Deputy District Attorney Max Cardoza was present for the People. Commissioner Michael Eannarino is the Judge in Courtroom 3.

Next court date is May 11.


Feb 1, 2016


Mark Wheetley withdraws as candidate in 3rd District Supervisorial race

Statement from Arcata Council member Mark Wheetley:

"After long and thoughtful consideration, I have decided to withdraw my candidacy for Third District Supervisor.  Due to a number of personal and professional obligations, it would be difficult to sustain an effective and competitive campaign at this time in balance with those commitments."

"I am thankful for all the support I have received from the people of the Third District and throughout Humboldt County.  I will continue to serve the people of Arcata on the City Council until my term expires in December 2018."

According to Humboldt County jail reports, Mark Edward Wheetley arrested by California Highway Patrol 1/7.16 at 9:30 p.m. for VC23152(a).

From Shouse Law site:

Most people who get arrested for DUI in California ultimately get charged with two separate misdemeanor offenses:
  • driving under the influence of alcohol and/or drugs, under California Vehicle Code 23152(a) VC, and
  • driving with a blood alcohol content of 0.08% or greater, pursuant to California Vehicle Code 23152(b) VC.2
Penalties for DUI offenses increase with each "prior" conviction.  Penalties generally 
consist of probation, alcohol education classes, fines and possible jail time.  A 
first-time offender faces no mandatory minimum jail time, while a second-time offender 
faces a minimum of 96 hours in county jail.  For a third-time offender, minimum jail 
time increases to 120 days.  A DUI causing injury can be charged as either a 
misdemeanor  or felony and can involve state prison time.

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